By SIBETA MUNDIA
Barotseland Post
To establish post-colonial Zambia, two laws were enacted: the Northern Rhodesia Independence Act of 1964 and the Zambia Independence Act of 1964. These laws stipulated that two separate territories, i.e. the Protectorate of Barotseland and the Protectorate of Northern Rhodesia, signed The Barotseland Agreement of 1964 to become one independent sovereign republic. This agreement was the basis for the unitary nature of Zambia, and not the mere presence of 72 tribes or their intermarriage as is often deceitfully parroted by some State officials.
Although the two separate territories agreed to become one sovereign state under the above treaty, the Northern Rhodesia Independence Order 1964 and the Zambia Independence Act 1964 ensured Barotseland’s autonomous existence within the republic was preserved and promoted in line with the principles of the 1964 Barotseland Agreement. Barotseland was neither dismantled nor obliterated by Zambia’s independence.
The principle of oneness enshrined in paragraphs 2 and 3 of the Preamble to the 1964 Barotseland Agreement was reflected in Article 125 (1) of the Northern Rhodesia Independence Order 1964, which promulgated the Independence Constitution, and Section 1 of the Zambian Independence Act of 1964.
This is a brief introduction to the constitution and history of the post-colonial state of Zambia, created through an agreement between two separate British protectorates, Barotseland and Northern Rhodesia! Anything to the contrary is mere conjecture!
If Barotseland did not vanish when the two separate territories agreed to exist as one sovereign republic, where is Barotseland and what are its borders?
Barotseland and its boundaries as defined in the Northern Rhodesia (Barotseland) Council Order of 1953, signed by the British Crown at Windsor Castle Court on 30th April that year, exist even today.
Although the Order in Council of 1953 granted Barotseland a separate British protectorate status, the British Crown maintained its administration with Northern Rhodesia, making Barotseland a protectorate within another protectorate. The Order in Council also determined the parameters of the boundaries of this Barotseland Protectorate. So, anything outside the 1953 Barotseland Protectorate boundary is either fictitious or at best aspirational and must be claimed under other circumstances.
Therefore, the current borders of Barotseland should exclude all areas in present-day Zimbabwe, Namibia, Botswana, and Angola. Similarly, the 1953 delineation of Barotseland does not include the Copperbelt, North-Western, Central, and Southern Provinces of Zambia.
The territory that signed the 1964 Barotseland Agreement to join Zambia is the 1953 Barotseland Protectorate. Zambia has no legal CLAIM to any of this territory without the Barotseland Agreement of 1964.
Since Barotseland’s current claim is based on the 1964 Barotseland Agreement and its purported repeal, only the Barotseland that signed the 1964 Barotseland Agreement could revert to its pre-agreement status if the 1964 agreement is indeed dead.
Any other territory outside the 1953 Barotseland, must be CLAIMED or reclaimed under separate circumstances different from those related to the Barotseland Agreement 1964.
Some people have tried to undermine the 1953 designation of Barotseland as a protectorate. However, as with all Northern Rhodesian Orders in Council signed between 1924 and 1951, due process was taken in signing it. Therefore, invalidating it would consequently invalidate all other Orders before it, and Zambia would simply not exist.
“Now, therefore, Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890, or otherwise in her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows:
“1. (1) This order may be cited as the Northern Rhodesia (Barotseland) Order in Council, 1953, and shall be read as one with the Northern Rhodesia Orders in Council, 1924 to 1951,
(2) this order shall come into operation on the second day of May 1953, and shall be published in the Gazette,
“2. That part of Northern Rhodesia the bounds of which are set out in the schedule to this order and which is known as Barotseland is hereby declared to be, and shall from the commencement of this order be styled, The Barotseland Protectorate.
“3. The Barotseland protectorate shall continue to be part of Northern Rhodesia and nothing in this order shall affect the operation of the Northern Rhodesia Orders in council, 1924 to 1951, or any other law.” – Ends the extract from the Northern Rhodesia (Barotseland) Order in Council, 1953.
With its new protectorate status, Barotseland required a British Resident Commissioner. In 1958, Gervas Clay, then the Provincial Commissioner for Southern Province in Livingstone, was appointed as Her Majesty’s Resident Commissioner of the Barotseland Protectorate.
Although evidence exists to show that Barotseland already enjoyed the special treatment of a British protectorate, it was only formally styled so in 1953.
In 1969, the Zambian state repealed the Zambian Independence Act of 1964 through the Constitution (Amendment) (Act. 5) Act, 1969. They specifically removed all sections of the constitution that guaranteed Barotseland’s autonomous existence within the Republic of Zambia and added that the Barotseland Agreement 1964 ceases to exist with all its rights and obligations.
Notwithstanding, CLAUSE 8 of the Barotseland Agreement of 1964 prohibits the Zambian Government from enacting laws that contravene the agreement, cautioning further that all future national laws, must never conflict with the 1964 Barotseland Agreement.
Consequently, The Barotseland Agreement 1964 was ANNULLED unilaterally, with all rights vested to Barotseland under the 1964 agreement purportedly TERMINATED!
Legally, if Barotseland’s voluntary membership to Zambia’s sovereignty was terminated by the cited 1969 Act, Barotseland should immediately attain independence as the termination of the Barotseland Agreement of 1964 would free Barotseland from the AGREEMENT to be a part of Zambia.
Instead, the Zambian government implemented policies that forced Barotseland (now renamed Western Province) to become an integral part of Zambia without consent or agreement. Therefore, whether one agrees or not, Barotseland is now part of Zambia, under the mere slogan of “One Zambia, One Nation”, as all laws relating to Barotseland’s autonomous existence have been abolished since the repeal of the Zambia Independence Act 1964.
Legal and administrative assimilation is defined as imposing one’s own legal and administrative system on a foreign territory, eg a colony or an occupied territory, and this is what Zambia has done to Barotseland. It is an infringement of Barotseland’s human rights, among them the right to self-determination.
However, this Zambian state policy on Barotseland is not only a travesty of justice but also amounts to forced assimilation, as any person of Barotse descent who disagrees with or peacefully protests what the state did in 1969 is now considered a secessionist deserving arrest, jail, or silencing by any means necessary, including extrajudicial killing.
The State impunity in Barotseland has only succeeded because they possess military guns and presently control the courts and all military and security wings.
Unsurprisingly, only disgraced lawyers like Winter Kabimba can publicly align themselves with this repressive Zambian policy on Barotseland in the manner he has so far done, and as he is likely to promulgate this Sunday, 4th February 2024, on national television to be broadcast by ZNBC, if the attached advertisement by the national broadcaster is anything to go by.
The succession of Barotseland is an agenda that was in the early 60s championed by the Barotse Royal Establishment and the Litunga for the sole purpose of empowering or enriching those considered to have accidentally been born into “royal” blood. It is an extreme elitist position that, if realised, would send an independent Barotseland into a very similar trajectory to that of eSwatini. Very rich monarchy with impoverished citizens.
Many do not know that a referendum was carried out in the early 60s by the British colonial administration of Northern Rhodes in the region that is today Western Province of Zambia to certain whether the local people wanted this. Much to the annoyance of the BRA, the people chose to become part of the new nation of Zambia.
They lie that the Barotseland Agreement of 1964 is what made Barotseland a part of Zambia! Far from the truth. The Barotseland Agreement of 1964 was a last ditch effort by a Litunga who had been disappointed by his people because MaLozi people voted against his wishes. When it was apparent that Britain was granting Independence to Northern Rhodesia Litunga Mwanawina demanded to secede from Northern Rhodesia. The British said NO. Litunga and some white settlers who didn’t want Black rule sponsored a separatist party which was called Sicaba Party which was only active in Barotse Province! The Litunga and his ruling class unleashed violence on UNIP and ANC political activists and banned them from campaigning within Barotseland. The Litunga demanded that UNIP and ANC, the two Nationalistic Independence movement parties must not field candidates in Barotseland because they could never win against the Sicaba Party!
The Governor of Northern Rhodesia told the Litunga that since he was so sure that UNIP and ANC could not win he should let them contest the elections in preparation for Independence.
Litunga Mwanawina Lubosi told the Governor that if the Nationalist Movements would lose the Elections in Barotseland, then He would have the right to secede it from Northern Rhodesia before independence takes place.
Barotseland had two Parliament seats! UNIP and ANC political activists were banned from campaigning mwa Bulozi and they had to campaign at night to avoid being lynched by the Litunga”s sponsored thugs! The Sicaba Party on the other hand were bought a Land Rover and funded to the tune of £240, which was a lot of money back then for campaigns! Despite the fact that the Litunga”s preferred Sicaba Party was campaigning freely throughout Barotseland in a Land Rover and had money to bribe voters with, while UNIP and ANC were banned from holding any campaign meetings in the Barotse Province, the two UNIP candidates, Mubiana Nalilungwe and Arthur Ñututluti Wina won with massive landslide victories.
In 1963 demands were made that the Katengo should be made an elective body instead of having appointed representatives! Elections were organized and planned for January 1964. Again the Litunga and his ruling class at Namuso (Lyaaluyi) backed the Sicaba regionalist party and demanded that if it won those Katengo Élections, then Barotseland would march to independence as a separate country! Again the results were a disaster for the Litunga Mwanawina 3. UNIP which was banned from campaigning within Barotseland again scooped all the 25 Katengo seats!
That UNIP victory is what killed the Litunga Mwanawina’s secession wishes. The people of Bulozi had spoken through the Ballot that they wanted to be part of the Nation of Zambia. The people of Bulozi outright rejected their Litunga”s selfish motivés by voting against the Litunga’s wish. Because the Sicaba Party failed to win even a single seat in the Katengo Mwanawina had no moral standing to demand for Secession. Mwanawina was using those elections as a referendum for him to secede if the Nationalist Movements lost against his preferred Sicaba party! To his disappointment the United National Independence Party (UNIP) which was the party he hated the most won both the Katengo and Parliamentary Elections with landslides.
The Malozi had stabbed their Litunga in the back. Mwanawina was stranded because his desire was thwarted by his own people through the ballot. Following this disappointment, Mwanawina appealed to the Secretary for the Colonies on how to preserve his rights and privileges under the new Government! The newly elected near future Prime Minister of soon to be independent Northern Rhodesia, Kenneth Kaunda and Litunga Sir Mwanawina were invited to England where the Barotseland greement was signed.
Contrary to what the Secession propagandists tell you the Barotseland Agreement was not a marriage certificate between Barotseland and Zambia. Barotseland was already an integral part of Zambia (Former Northern Rhodesia). What the Barotseland Agreement did was to safeguard Mwanawina’s selfish interests which he failed to secure through his Sicaba Party. The Agreement gave Mwanawina powers to have his own taxation system, powers over management of forests, etc. The Agreement did not create Zambia. Zambia already existed as Northern Rhodesia – one entity that was governed by one Governor representing. Barotseland was simply a Protectorate within that Colony of Northern Rhodesia!
You may be wondering why the MaLozi voted against the wishes of their Litunga and chose to back one of the Nationalist Movements instead of the Sicaba Party! According to my late grandfather, The MaLozi people didn’t want to be indirectly colonized by the White Settlers from Southern Rhodesia (Now Zimbabwe) Those white settlers are the ones who bought the Land Rover and provided the £240 for the Sicaba Party. By voting for the Sicaba Party, the MaLozi people would have sold Barotseland to the financiers of that regionalist party who would obviously want to reap some benefits from the victory of the party they sponsored! The other reason was that the majority MaLozi never ascribed to Litunga Mwanawina’s desire to secede Barotseland from the rest of the country. Third, the Litunga received massive financial support from the UK government which benefited only the Litungas and their immediate families and dependants and not the majority MaLozi people! In short our Litungas have been selfish, self centered gluttonous manipulators who used those financial resources on themselves and those close to them. And this is the case to date. The educated MaLozi back then felt that if that selfish clique was given the opportunity to handle their affairs, the status quo would remain!
That is the History they don’t want you to know! The BA 1964 was not a marriage between Zambia and Bulozi! The BA 1964 was a desperate attempt by a Litunga who had lost the support of his people to salvage some economic authority!
You may be wondering why Kaunda signed it. UNIP was in a hurry to free this country from colonial rule. The Litunga’s manœuvres were delaying the march towards independence!
DON’T BE CHEATED.
Even those saying if they attained Political Power, they would restore the Agreement are liars! If you read that agreement you’d notice that it indirectly creates a “state within a state”, and no president will ever grant that, not even a Mulozi President will tolerate it
To advance their evil imperial empire (which was meant to dominate and loot the african people), the British administration carefully installed selected local chiefs under a program of indirect rule through the local oligarchy, creating a network of british-controlled civil service. The african chiefs, under these protectorates, were first enticed with basic goods/materials, then made to sign unreasonable concessions while being promised protection and finally used as puppets to help advance imperial motives. This is what the LITUNGA and his supporters and some of our lozi brothers and sisters want to be proud of today. Being proud to be TRAITORS and SELLOUTS. We will fight imperialist motives from the past, the present and those in future. These TRAITORS and SELLOUTS are responsible for the beginning of plunder of our natural resources and african blood shed during our independence.
LITUNGA and his clan are greedy and think they have a birthright to own, dominate and own the lozi people. In today’s modern governance system there is no place for these retrogressive families & clowns.
So now what is the issue? Are you enjoying your marriage to UNIP? Do you have your equal share of the national development. Do your relatives have equal opportunities as other citizens in Zambia. Think carefully. The future will judge.
Well Liso go cry to the British since u soldout to them. Thank Zambia’s democratic dispensation. In Uganda, Angola, Tanzania, Kenya, Burkina Faso etc. This colonial nonsense has to stopped. As Zambia stands today, there is nothing in Zambia”s constitution that supports secession. This BS amounts to TREASON. THE LAW IS THE LAW.
Fact also is that the Litunga & his clan are breaking the law by abating & supporting saboteurs and enemies of the state to commit terrorist and treasonous acts.
In 2021 HH swore to uphold the Zambian constitution and in that constitution, there was NO Barotseland period and there is no provision for some citizens having more rights than others.